Failure to raise a common law double jeopardy claim, when apparent from the record that a defendant’s conviction and punishment for an enhancement of a crime was imposed for the very same behavior or harm as another crime for which the defendant has been convicted and punished, constitutes ineffective assistance of appellate counsel, even if appellate counsel raised a different double jeopardy issue on appeal.
Criminal
B.B. v. State, No. 19A-JV-1803, __ N.E.3d __ (Ind. Ct. App., Jan. 30, 2020).
A threat expressed to an individual, even if that individual is not the intended victim, to interfere with the occupancy of a school (building), is sufficient to sustain an adjudication for an act that would be considered intimidation if committed by an adult.
Smith v. State, No. 19A-CR-1515, __ N.E.3d __ (Ind. Ct. App., Jan. 30, 2020).
The subject matter of post-assault sexual history must be introduced by the State at trial for the exception to the rape shield law permitting admissibility to apply. Moreover, while a defendant has a constitutional right to present a defense, that defense must still comply with the Indiana Rules of Evidence.
Anderson v. State, No. 19A-CR-2003, __ N.E.3d __ (Ind. Ct. App., Jan. 30, 2020).
A reviewing court reviews plea agreements de novo and typographical errors in the agreement will be interpreted in a manner to give effect to the intent of the parties based on the agreement as a whole.
Tyson v. State, No. 19A-CR-1813, __ N.E.3d __ (Ind. Ct. App., Jan. 30, 2020).
Refusal to remove one’s hands from his/her pockets when instructed by a law enforcement officer, when the pockets clearly contain items, satisfies the “forcibly resist” element of resisting law enforcement.